BS v Dundee City Council [2013] CSIH 91

Posted In: Case Law
  • Legal Body
  • Type of Claim / Jurisdiction
Issues covered: Employment Tribunal; Ill health dismissal

An employee (C) appealed against a decision of the employment appeal tribunal (E) reversing a decision of the employment tribunal (T) that C had been unfairly dismissed, setting that decision aside and remitting it to a new employment tribunal panel.

The issue for determination was whether or not his employers (P) could reasonably have been expected to wait longer before dismissing him. C was employed by P for 35 years. The reason cited for C dismissal was incapacity. In September 2008 C suffered from a nervous disability following a charge of serious criminal offence. C’s GP approved his absence from work based on depression and anxiety.

The charge against C was dismissed in May 2009 yet C

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This article is correct at 06/12/2013

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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